assembly Bill A2314

2011-2012 Legislative Session

Provides public and private employees right to review personnel file

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2012 reported referred to codes
Jan 04, 2012 referred to labor
May 19, 2011 advanced to third reading cal.372
May 17, 2011 reported
Apr 12, 2011 reported referred to codes
Jan 18, 2011 referred to labor

Co-Sponsors

A2314 (ACTIVE) - Details

See Senate Version of this Bill:
S3730
Current Committee:
Assembly Codes
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L; add §153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4350, S1629
2013-2014: A1174, S4134
2015-2016: A7876, S2578
2017-2018: A4836, S2191
2019-2020: A4714, S5044

A2314 (ACTIVE) - Summary

Provides public and private employees right to review personnel file.

A2314 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2314

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced  by  M. of A. HEASTIE, WRIGHT, GABRYSZAK, COLTON -- read once
  and referred to the Committee on Labor

AN ACT to amend the labor law and the civil service law, in relation  to
  employees' right to review personnel records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  211-b  to
read as follows:
  S  211-B.  EMPLOYEE RIGHT TO REVIEW PERSONNEL RECORDS. 1. THE EMPLOYER
SHALL, UPON WRITTEN REQUEST FROM AN EMPLOYEE OR FORMER EMPLOYEE, PROVIDE
SUCH EMPLOYEE, FORMER  EMPLOYEE  SEPARATED  FROM  EMPLOYMENT  WITH  SUCH
EMPLOYER WITHIN THE PREVIOUS THREE YEARS, REPRESENTATIVE OF A RECOGNIZED
OR  CERTIFIED EMPLOYEE ORGANIZATION OR ATTORNEY OF SUCH EMPLOYEE WITH AN
OPPORTUNITY TO REVIEW AND COPY THE  EMPLOYEE'S  PERSONNEL  FILE  IF  THE
EMPLOYER  HAS A PERSONNEL FILE FOR THAT EMPLOYEE. THE REVIEW AND COPYING
MUST TAKE PLACE AT THE LOCATION WHERE THE PERSONNEL FILES ARE MAINTAINED
AND DURING NORMAL BUSINESS HOURS UNLESS, AT THE EMPLOYER'S DISCRETION, A
MORE CONVENIENT TIME AND LOCATION FOR THE EMPLOYEE ARE ARRANGED.
  2. IN EACH CALENDAR YEAR, THE EMPLOYER SHALL PROVIDE, AT  NO  COST  TO
THE  EMPLOYEE,  ONE  COPY OF THE ENTIRE PERSONNEL FILE WHEN REQUESTED BY
THE EMPLOYEE OR FORMER EMPLOYEE  SEPARATED  FROM  EMPLOYMENT  WITH  SUCH
EMPLOYER WITHIN THE LAST THREE YEARS AND, WHEN REQUESTED BY THE EMPLOYEE
OR FORMER EMPLOYEE SEPARATED FROM EMPLOYMENT WITHIN THE LAST THREE YEARS
WITH  SUCH EMPLOYER, ONE COPY OF ALL THE MATERIAL ADDED TO THE PERSONNEL
FILE AFTER THE COPY OF THE ENTIRE FILE WAS PROVIDED. THE COST OF COPYING
ANY OTHER MATERIAL REQUESTED DURING THE CALENDAR YEAR SHALL BE  PAID  BY
THE EMPLOYEE REQUESTING THE COPY.
  3. FOR PURPOSES OF THIS SECTION, A PERSONNEL FILE INCLUDES, BUT IS NOT
LIMITED  TO,  ANY  FORMAL  OR  INFORMAL EMPLOYEE EVALUATIONS AND REPORTS
RELATING TO THE EMPLOYEE'S CHARACTER, CREDIT, WORK HABITS,  COMPENSATION
AND BENEFITS, AND NONPRIVILEGED MEDICAL RECORDS OR NURSES' STATION NOTES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06132-01-1

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